United States v. David Ruelas-Carbajal

COLLOTON, Circuit Judge.

A jury convicted David Ruelas-Carbajal of conspiracy to distribute and possess with intent to distribute methamphetamine, and one count of distributing methamphetamine, but acquitted him on a second count of distribution. See 21 U.S.C. §§ 841 (a)(1), (b)(1), 846. In calculating the advisory sentencing guideline range, the district court 1 applied a base offense level of 32, on the ground that Ruelas-Carbajal was responsible for at least 150 grams but less than 500 grams of methamphetamine. See USSG § 2D1.1(a)(5), (c)(4). The court also applied a two-level increase…